|(a) This section applies to a transportation project
that is a state transportation project or an FHWA transportation project,
except that subsection (h) of this section applies only if the project
is an FHWA transportation project.
(b) A DEIS, FEIS, or supplemental EIS may be supplemented
at any time. An EIS will be supplemented if the department delegate
(1) changes to the project would result in significant
environmental impacts that were not evaluated in the EIS; or
(2) new information or circumstances relevant to environmental
concerns and bearing on the project or its impacts would result in
significant environmental impacts not evaluated in the EIS.
(c) A supplemental EIS will not be necessary if:
(1) the changes to the project, new information, or
new circumstances result in a lessening of adverse environmental impacts
evaluated in the EIS without causing other environmental impacts that
are significant and were not evaluated in the EIS; or
(2) the department delegate decides to approve an alternative
fully evaluated in an approved final EIS but not identified as the
preferred alternative, in which event a revised ROD will be prepared
and circulated in accordance with §2.84 of this subchapter (relating
to Environmental Impact Statements) and §2.108 of this subchapter
(relating to Notice of Availability).
(d) If the department delegate is uncertain of the
significance of the new impacts, the project sponsor will develop
appropriate environmental reports or, if the department delegate considers
appropriate, an EA to assess the impacts of the changes, new information,
or new circumstances. If, based on the studies, the department delegate
determines that a supplemental EIS is not necessary, the department
delegate must indicate that determination in the project file.
(e) To the extent of the significant new impact, a
supplement is to be developed using the same process and format (i.e.,
DEIS, FEIS, and ROD) as an original EIS, except that scoping is not
(f) In some cases, a supplemental EIS may be required
to address issues of limited scope, such as the extent of proposed
mitigation or the evaluation of location or design variations for
a limited portion of the overall project. In such an event, the preparation
of a supplemental EIS does not necessarily:
(1) prevent the granting of new approvals;
(2) require the withdrawal of previous approvals; or
(3) require the suspension of any project activities
not directly affected by the supplement.
(g) If the changes in question are of such a magnitude
as to require a reassessment of the entire project, or more than a
limited portion of the overall project, the department delegate will
suspend any activities that would have an adverse environmental impact
or limit the choice of reasonable alternatives, until the supplemental
EIS is completed.
(h) For an FHWA transportation project, in addition
to the requirements of subsections (a) - (g) of this section, the
department delegate and project sponsor must comply with any federal
laws, including FHWA's rules, applicable to the processing of the
supplemental EIS. If federal law, including FHWA's rules, conflicts
with this chapter, federal law controls to the extent of the conflict.
At the conclusion of technical review, the department delegate will
forward the environmental review document and any other relevant documentation
to FHWA with an appropriate recommendation.